SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
106. Security for keeping the peace on conviction
(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abotting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such
period, not exceeding three years, as it thinks fit. (2) The offences referred to in sub-section (1) are-
(a) any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860) other than an offence punishable under section 153A or section 153B or section 154 thereof:
(b) any offence which consists of, or includes assault or using criminal force or committing mischief:
(c) any offence of criminal intimidation:
(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.
(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become vold.
(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.
107. Security for keeping the peace in other cases.
(1) When an Executive Magistrate receives information that any person is likely to commit a
breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, In the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond '[with or without sureties] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such Jurisdiction a person who is likely to commit a breach of the peace or disturb
1. Inserted by Act No. 45 of 1978,
the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.
108. Security for good behaviour from persons disseminating seditious matters.
(1) When 'lan Executive Magistratel receives information that there is within his local jurisdiction any person who, within or without such Jurisdiction.-
to either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of-
fa) any matter the publication of which is punishable under section 124A or section 153A or section 1538 or section 295A of the Indian Penal Code (45 of 1860), or
(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal Intimidation or defamation under the Indian Penal Code (45 of 1860).
(ii) makes, produces, publishes or keeps for sale, imports, exports. conveys, sells. lets to hire distributes, publicly exhibits, or in any other manner puts into circulation any abscene matter such as is referred to in section 292 of the Indian Penal Code. (45 of 1860).
and the Magistrate is of opinion that there is sufficient ground for proceeding the Magistrate may, in the manner hereinafter provided, require such person to show cause why he would not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks it.
(2) No proceedings shall be taken under this section against the editor. proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down th the Press and Registration of Books Act. 1567. (25 of 1867) with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf
109. Security for good behaviour from suspected persons.-When an Executive Magistratel receives Information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
110. Security for good behaviour from habitual offenders
When 2[ an Executive Magistrate] receives Information that there is within his local Jurisdiction a person who-
(a) is by habit a robber, house-breaker, thief, or forger, or
(b) is by habit a receiver of stolen property knowing the same to have been stolen, or
(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property, or
1- Substituted by Act No. 63 of 1980, s. 2. for a Judicial Magistrate of the First Class" wel 23.9.1980.
2-Subsututed by Act No. 63 of 1980. x. 2. for a Judicial Magistrate of the First Class" wel. 23.9.1960
3- Substituted by Act No. 63 of 1980, s. 2. for a Judicial Magistrate of the First Class we.f. 23.9.1980
(d) habitually commits, or attempts to commit. or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code, 145 of 1860) or under section 489A, section 4898. section 489C or section 489D of that Code, or
(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace, or
(f) habitually commits, or attempts to commit, or abets the commission of
(1) any offence under one or more of the following Acts, namely:-
(a) the Drugs and Cosmetics Act, 1940 (23 of 1940):
1[(b) the Foreign Exchange Regulation Act. 1973 (46 of 1973) ;)
(c) the Employees' Provident Funds and Family Pension Fund] Act. 1952 (19 of 1952);
(d) Prevention of Food Adulteration Act, 1954 (37 of 1954):
(e) the Essential Commodities Act, 1955 (10 of 1955):
In the Untouchability (Offences) Act, 1955 (22 of 1955):
(g) the Customs Act, 1962 (52 of 1962) 1
4(h) the Foreigners Act, 1946 (31 of 1946): or]
(ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption, or
(g) is so desperate and dangerous as to render his being at large without security hazardous to the community,
such Magistrate may. In the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties. for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.
111. Order to be made.
When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section he shall make an order in writing. setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.
112. Procedure in respect of person present in Court.
If the person in respect of whom such order is made is present in Court. It shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.
113. Summons or warrant in case of person not so present.
lf such person is not present in Court, the Magistrate shall Issue summons requiring him to appear. or. when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court:
Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace can not be prevented otherwise than by the immediate arrest of such person, the magistrate may at any time issue a warrant for his arrest.
1- Substituted by Act No. 56 of 1974, s. 3 and Second Schedule
2. Inserted by Act No. 56 of 1974, s. 3. and Second Schedule.
3- "or omitted by the Code of Criminal Procedure (Amendment) Act. 2005, s. 14, w.e.f.23.6.2006.
4- Inserted by the Code of Criminal Procedure (Amendment) Act, 2005. a. 14. w.e.f. 23.6.2006
